Review of cannabis laws as drug-fuelled violence spirals

13 April 2012

Controversial rules which tell police not to arrest cannabis smokers could be torn-up, it emerged last night.

The re-think comes after the 'softly, softly' approach was blamed for a senseless murder and an increase in hard drug abuse.

The Government and police chiefs have steadfastly defended the decision to downgrade the drug from Class B to Class C in January 2004.

But the Association of Chief Police Officers has now begun an official review of guidelines which state there should be a 'presumption against arrest' of users.

It is under enormous pressure to change its position, not least from the threat of a High Court challenge.

Reverend George Hargreaves has lodged papers at the High Court today demanding a U-turn.

The senior church figure, an advisor to the Metropolitan Police, is backed by a £30,000 fighting fund and has vowed to secure victory.

Acpo officials said no decision had been reached, and new guidance would not be produced until later this year.

But campaigners, led by Rev Hargreaves, hope the court threat will prove decisive.

He will be backed by evidence linking strong skunk forms of the drug to schizophrenia.

Earlier this week, the pastor blamed skunk for the mindless murder of Nyembo-Ya-Muteba by a gang of thugs.

He believes they were driven to kill the 40-year-old father of two after smoking skunk for most of the day last Sunday.

Acpo's Cannabis Enforcement Guidance, issued in September 2003 ahead of the law changing in January 2004, said there should be 'a presumption against arrest' for those found in possession of the drug.

It said in most cases a police warning and confiscation would be sufficient.

Rev Hargreaves, who sits on two Metropolitan police panels, said this approach had led to a surge in youths smoking strong skunk cannabis that was turning many into dangerous 'schizophrenics.'

He added: 'This guidance must be reversed. The only way to crackdown on the problem is to return to arresting and prosecuting people carrying even small amount of cannabis.'

'At the moment most dealers will only carry enough for personal use, so that they are not arrested or charged if caught by a police officer. They keep the stash hidden at home or elsewhere.'

'This court action not just some publicity stunt. I have spoken to the lawyers and they believe we have a very strong case.The police cannot simply chose not to enforce the law.'

He said a private sponsor, who wants to remain anonymous, has provided around £30,000 for the legal challenge, although this could go up to £100,000.

There is no suggestion of cannabis being re-classified back to class B, after the Government ruled out such a move.

But Acpo has it in its power to advise police officers on how to interpret this change.

It could say that, despite cannabis being Class C, the presumption should now once again be in favour of an arrest being made.

Mary Brett, a spokesman for the Europe Against Drugs, said Acpo's review should return cannabis to an arrestable crime.

She added: 'What are the police waiting for? Since they talked about downgrading cannabis, admissions to mental health units have increased by forty per cent.'

'There has also been an increase in the number of users, despite the Government's denials, and there is also the awful violence.'

'People smoking the drug can very quickly become psychotic. The police should get on and make the decision now.'

Prior to re-classification, critics warned it would lead to a surge in drug abuse by sending out the message taking illegal substances was OK.

This has since been confirmed by a leaked report by the Downing Street strategy unit, which said: 'Recent changes to the law have increased the number of people taking cannabis.

'The amount of hard-drug abuse has also increased. Although more research is needed, it appears the two rises are connected.'

A Met Police document, released last month, laid bare the extent of the police's reluctance under the current Acpo guidelines to take firm action against cannabis users.

Only 15 per cent of people caught with the drug are being charged with a crime since the January 2004 law change.

The rest were given either a caution or - in a staggering 67 per cent of cases - a simple warning.

The Met's report declared the soft policy a 'success.'

In an astonishing admission, it said letting-off more than 30,000 drug takers with a warning was good for 'police/public relations.'

By not bothering to arrest the criminals, officers were having a 'positive effect in reducing friction between young people and the police.'

A spokesman for Acpo said the review followed a change in the law earlier this year, which makes all crimes - from litter dropping to murder - an arrestable crime.

Police have discretion over who to arrest.

Acpo said its guidelines needed revising in light of this law change. He added officers already have discretion over how to act, and are told to take firm action against 'vulnerable' users, such as young people.

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